Employees often mistakenly believe that they must become formal members of the union or be discharged.(9) Most individuals in the workplace do not realize that they cannot be required to become or remain a member of a union as a condition of employment. In Right to Work states,(10) employees' "right to refrain" is complete, as they need not tender dues or even a reduced "financial core fee" to the union. In states that have not enacted Right to Work laws, the union and the employer may lawfully require some degree of financial support for the union as a condition of employment, i.e., the payment of the reduced "financial core fee."
However, even in those non-Right to Work states, formal union membership cannot be required, regardless of the wording in the collective bargaining agreement.(11)
Accordingly, there is a critical distinction between voluntary, formal membership in a labor organization and "financial core fee" payor or "agency fee" payor status: voluntary union members are subject to internal union discipline and fines, while nonmembers (e.g., "financial core payers" or "agency fee payers") are not.
Employees who are not members of the union remain "members of the bargaining unit," fully covered by the collective bargaining agreement and all of its provisions regarding salary, benefits, seniority and pensions.(12)
Moreover, the union continues to owe these "members of the bargaining unit" a duty of fair representation.(13)
While such employees can be prohibited from participating in internal union affairs (such as voting in union elections, voting on decisions to strike or ratify a contract, or running for union office), they are immune from internal union discipline and fines.
9. See cases cited in footnote 6. Surprisingly,
this mistaken belief is found among workers even in those states which have
Right to Work laws, which invalidate any union security agreement requiring
union membership as a condition of employment.
10. The states which currently have
Right to Work laws are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho,
Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North
Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and
Wyoming.
11. See generally Bloom v. NLRB, 30 friend.3d 1001
(8th Cir. 1994); Wegscheid v. Local Union 2911, UAW, 117 friend.3d 986 (7th
Cir. 1997); Buzenius v. NLRB, 124 friend.3d 788 (6th Cir. 1997); CWA
v. Beck,
487 U.S. 735 (1988). Oftentimes, unions refer to their union security arrangements
as "union shops" or "closed shops," but these terms are misnomers carried over
from a former era, which simply lead to confusion among the employees. Wegscheid,
117 friend.3d at 990.
12. IATSE Local 219 (Hughes-Avicom International),
322 NLRB No. 195, slip op. at 2 (February 14, 1997) ("The maintenance of a contractual
provision which on its face accords preferential treatment to union members
against nonmembers concerning the receipt of benefits violates Section 8(b)(1)(A)
and (2) of the Act.")
13. Vaca
v. Sipes,
386 U.S. 171, 177 (1967).
http://www.nrtw.org/RDA.htm#t2
However, even in those non-Right to Work states, formal union membership cannot be required, regardless of the wording in the collective bargaining agreement.(11)
Accordingly, there is a critical distinction between voluntary, formal membership in a labor organization and "financial core fee" payor or "agency fee" payor status: voluntary union members are subject to internal union discipline and fines, while nonmembers (e.g., "financial core payers" or "agency fee payers") are not.
Employees who are not members of the union remain "members of the bargaining unit," fully covered by the collective bargaining agreement and all of its provisions regarding salary, benefits, seniority and pensions.(12)
Moreover, the union continues to owe these "members of the bargaining unit" a duty of fair representation.(13)
While such employees can be prohibited from participating in internal union affairs (such as voting in union elections, voting on decisions to strike or ratify a contract, or running for union office), they are immune from internal union discipline and fines.
9. See cases cited in footnote 6. Surprisingly,
this mistaken belief is found among workers even in those states which have
Right to Work laws, which invalidate any union security agreement requiring
union membership as a condition of employment.
10. The states which currently have
Right to Work laws are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho,
Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North
Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and
Wyoming.
11. See generally Bloom v. NLRB, 30 friend.3d 1001
(8th Cir. 1994); Wegscheid v. Local Union 2911, UAW, 117 friend.3d 986 (7th
Cir. 1997); Buzenius v. NLRB, 124 friend.3d 788 (6th Cir. 1997); CWA
v. Beck,
487 U.S. 735 (1988). Oftentimes, unions refer to their union security arrangements
as "union shops" or "closed shops," but these terms are misnomers carried over
from a former era, which simply lead to confusion among the employees. Wegscheid,
117 friend.3d at 990.
12. IATSE Local 219 (Hughes-Avicom International),
322 NLRB No. 195, slip op. at 2 (February 14, 1997) ("The maintenance of a contractual
provision which on its face accords preferential treatment to union members
against nonmembers concerning the receipt of benefits violates Section 8(b)(1)(A)
and (2) of the Act.")
13. Vaca
v. Sipes,
386 U.S. 171, 177 (1967).
http://www.nrtw.org/RDA.htm#t2